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Wednesday, October 9, 2019

Dato Seri Najib Your Lawyer's Defense Strategy Is Putting You At Great Risk.

Image result for Najib 1MDB Trial

Najib's sole line of defense in the 1MDB trial seems to be "I did not know".

And  'Jo Lo did everything without my knowledge'

Najib is not disputing the facts of the case. 
He is actually agreeing to the facts of the entire crime. 

His only exception is "I did not know. JoLo did everything without my knowledge'. 

This is an extremely risky line of defense assumed by Najib's lawyer.  

From my understanding, in any case the defense lawyer will try or should do his best to dispute the facts presented against his client.   
  • Was he wearing a pink shirt or was it light red? Are you sure?
  • Did he instruct you to do this himself or was the instruction given through his officer? 
  • You submitted the relevant data to the Board of Directors. 
  • So what is relevant or not relevant? 
  • Who decides what is relevant or not relevant?

This is to create doubts about the "quality" of the "facts" presented in the case.

But here there are no doubts being created about the facts of the case. 
The sole line of defense seems to be "I did not know. JoLo did it."

To me this is an extremely risky line of defense being taken by Najib through his lawyer Shafee Abdullah.  

All that needs to happen is for the Court to be convinced that Najib did know what was going on. That is all. Najib's defense lawyer has already agreed to the facts of the case.

In fact (I find this very strange) in the latest examination of ex CEO (Lembu Bahlol), it is Shafee who is submitting the real facts of the crime to the Court.  Not the prosecution !!

Here is the news :


https://www.msn.com/en-my/news/national/1mdb-trial-jho-lows-father-mentioned-in-secret-rm500m-profit-in-1mdb-predecessors-bond-flipping/ar-AAIs7PS?ocid=spartanntp


Oct 8 — JoLo's father linked to RM500m bond flipping  

  • lawyer Shafee highlighted two JoLo companies made secret deals
  • Shafee produced documents re Country Group, Aktis Capital Spore 
  • the two companies that struck deals to buy bonds cheap
  • asserting they had resold them at full price to make a profit.
  • Shafee described scheme done by “Jho Low and his cronies”, 

Lembu agreed with Shafee that JoLo controlled company 
Shafee told Lembu that Country Group linked to “Larry Low” 
Shafee: Larry Low is connected to Country Group, are you aware of this?

Shafee showed two documents where Aktis Capital buys RM700m bonds 
Country Group buys RM3.8 billion bonds 

Shafee then said: “Many people would not know whether to laugh or cry, but between the two of them they swiped up RM4.5 billion, the other RM500,000 taken up by Ambank itself.”


Lembu confirmed TIA’s bonds sold to the two Jho Low entities at discount 

When asked by Shafee if he knew that arrangements were made to sell these discounted bonds to another Malaysian government entity at a full price, Lembu said he was not aware of this.

Shafee: Are you surprised Jho Low, right under your nose and TIA’s nose, by flip of a coin made several million ringgit?

Shafee: This was completely without TIA’s knowledge.

Shafee: This is Jho Low making secret profit without knowledge of TIA?

Shafee suggested JoLo breached his fiduciary duty to TIA
Low giving directions to TIA 
JoLo regarded a “shadow director”

OSTB : You can see here that it is Najib's lawyer Shafee who is 'adducing' the facts of what JoLo has done. 

I say brother, how did the CEO and Board of 1MDB come to regard JoLo as a  'shadow director' ?  Did JoLo just walk into the Board meetings and announced : 'Hello everyone. I am JoLo and I am your 'shadow director' '


JoLo can only be regarded as a 'shadow director' if someone more powerful than the CEO and the Board of Directors of 1MDB had made JoLo a  'shadow director'. 

How do you create a 'shadow director'? There is no such thing.  

A 'shadow director' would only work if JoLo had the blessings of Najib who was the single most powerful authority overseeing ALL the affairs of 1MDB.

Without Najib's ok / agreement / approval / sanction / consent  (formal / informal) there is no way JoLo could have even been allowed to use 1MDB's toilet.
Shafee has used the following words regarding JoLo :

'highlighted, produced documents, asserted, scheme by JoLo, showed two documents, they swiped up RM4.5 billion, JoLo made millions of Ringgit, JoLo making secret profit, JoLo breached fiduciary duty, JoLo giving directions, JoLo 'shadow director''

Then after submitting all these obviously damning "facts" the only defense being put up is 'Najib did not know'.  'Saya tak tahu'.

Here all that needs to be done is for the Court to be convinced that Najib did indeed know.

Also 'Saya tak tahu' is not a defense when you are the PM, Finance Minister and the SOLE authority in 1MDB. 

The Court should already be convinced of the facts of the case against Najib because it is Najib's own lawyer who is presenting the facts  to the Court ! ! 

I say Dato Sri Najib, I think this type of defense strategy is going to seriously backfire on you.  


CONCLUSION : There are a couple of points that the Court will certainly pick up, which should send Najib to jail for 20 years.

Ambank (the 'crooked' bank that was fined millions by Bank Negara) handled the bond sale.

The government guaranteed bonds were intentionally made to carry an insanely super high rate of interest (the coupon) so that the bonds could be sold for a super high profit.

Malaysian government guaranteed bonds should pay less than HALF A PERCENT (0.5 %) interest. These insane bonds carried about TEN TIMES higher interest rates. It was a clear ripoff. That was how they could cream off that RM500 million.

With such a high rate of interest, all the bond buyers from Wall Street, City of London, Tokyo, Frankfurt, Singapore, Hong Kong, Dubai would have been bidding like crazy to get their hands on these bonds.  The highest bidder would have bought the bonds.

YET AMBANK DECIDED TO SELL ALL THESE BONDS CHEAPLY TO TWO JOLO CONTROLLED COMPANIES ie COUNTRY GROUP AND AKTIS CAPITAL SINGAPORE.

HOW DID THIS HAPPEN? WHY DID AMBANK BECOME A PARTY TO THIS CRIME?

The answer is very simple. Ambank was also acting under instructions. Malaysian banks take instructions from only TWO people - Bank Negara Malaysia or the Ministry of Finance.  The Minister of Finance was Najib.

Wait folks. Cerita belum habis lagi.

Then after Ambank had sold all the bonds to the TWO JOLO companies Country Group and Aktis Capital Singapore , the two JOLO Companies RESOLD THE BONDS at full market price (and at maximum profit) back to the Government of Malaysia :

'arrangements were made to sell these discounted bonds to another Malaysian government entity at a full price'

Who was that Malaysian government entity? EPF? KWAP? Tabung Haji? LTAT? Khazanah Nasional? Bank Negara Malaysia? Who?

The key fact here is 'Malaysian government entity'.

Folks NO MALAYSIAN GOVERNMENT ENTITY CAN BUY BONDS WITHOUT THE KNOWLEDGE AND APPROVAL OF THE MINISTRY OF FINANCE. 


PLUS everything already sudah kau tim. The "MALAYSIAN GOVERNMENT ENTITY" was already on standby to BUY BACK these stupidly priced bonds from JOLO's Country Group and Aktis Capital Singapore. It was a DONE DEAL.

Why? Why? Why? Oh Why? 
Tell me Great Kahoona, WHY?

Because they did not want the world's bond dealers to know that in a faraway country called Malaysia, their government had issued government guaranteed bonds at TEN TIMES the prevailing interest rates for Malaysian government guaranteed bonds.

Not only Malaysia would have become a laughing stock of the financial markets but this scam would have been exposed much earlier by the world's financial markets. 


The world's bond traders (from Wall Street to Tokyo) would have questioned why Malaysian government bonds were being issued at TEN TIMES their prevailing interest rates by their own people (Ministry of Finance) and by their own banks (Ambank)?

Hence to keep this tembelang (rotten egg) from becoming pecah, the whole deal was done quietly and surreptitiously.  

  • MOF approves for TIA issue the bonds through Ambank 
  • which are then bought by TWO JOLO companies 
  • and then SOLD back to Malaysian government entities.

It was a kau tim set up all the way.

And you are telling me that the Minister of Finance did not know what was going on?

Thank you brother Shafee Abdullah.
You have just put Najib in jail for 20 years.

Syukran.

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